Criminal Law 1 Aggravating Circumstance – Dwelling

PEOPLE OF THE PHILIPPINES VS NICANOR SALOME

G.R. No. 169077, August 31 2006 [Article 14 - Revised Penal Code Bk I: Aggravating Circumstance – Dwelling]

FACTS:Salome entered into the house where 13 year old Sally Idanan was sleeping. He poked a knife against her neck and then raped her. He threatened Idanan so that she may not report the incident to authorities. When she found out that she’s pregnant, she reported the incident. Salome offered the defense of alibi in court claiming that he went fishing at the time of the incident. Trial court convicted Salome of rape qualified by the use of a bladed weapon, committed inside the dwelling of Sally, as defined and penalized under Article 335 of the Revised Penal Code, as amended by Republic Act No. 7659.

ISSUE:
Whether or not the aggravating circumstance of dwelling be appreciated against Salome.

HELD:
Yes.  The Court finds Salome’s denial untenable.
The aggravating circumstance of dwelling is appreciated against him. It suffices to state that private complainant categorically testified that she was sleeping inside her house when appellant came and perpetrated the crime. This is proof enough of the absence of provocation on the part of private complainant. For a sleeping thirteen (13) – year old barrio girl cannot possibly give any kind of provocation to appellant under the circumstances.


Since the crime of rape was committed by appellant with the use of a deadly weapon, punishable by reclusion perpetua to death, the presence of the aggravating circumstance of dwelling, without the presence of any mitigating circumstance, justified the trial court’s imposition of the death penalty. However, pursuant to RA 9346 which suspends the death penalty, his penalty is sustained at reclusion perpetua without parole.
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